Australian court tells Indian diplomat to pay domestic help over $136000 in fine

By Team Asianet Newsable | First Published Mar 20, 2024, 6:35 PM IST

Navdeep Suri Singh, former Indian High Commissioner to Australia, has been directed to pay nearly $100,000 in penalties to Seema Shergill, a domestic worker whom he paid less than $10 per day for over a year's work. This comes after a prior ruling demanding Suri to reimburse Shergill around $136,000 plus interest

Former Indian High Commissioner to Australia, Navdeep Suri Singh, has been ordered to pay a penalty of nearly $100,000 to a former domestic worker, Seema Shergill, whom he paid less than $10 a day for over a year's worth of work. This penalty supplements a previous order requiring Suri to reimburse Shergill approximately $136,000, plus interest, for her services at the high commissioner's residence in Canberra.

The Federal Court heard that Shergill worked seven days a week for 17.5 hours a day between April 2015 and May 2016, undertaking tasks such as cleaning, cooking, gardening, and dog-walking, for which she received around $3,400, deposited into an Indian bank account inaccessible to her while in Australia.

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According to court records, Suri brought Seema Shergill, who had previously worked for him during his tenure as India's ambassador to Egypt, to Australia upon assuming the role of high commissioner in 2015. However, upon their arrival, local media reports said, Suri confiscated Shergill's passport and confined her to their family residence in Canberra.

She was paid less than $10 per day, with the wages deposited into an Indian account created by Suri, inaccessible to Shergill, court records said, adding that she never received overtime pay, breaks, leave entitlements, or penalty rates during her employment.

Representatives from India's high commission pressured Shergill in 2016 to sign documents falsely claiming she received a salary, which she refused. Justice Raper noted that Suri's wife also coerced her, threatening to send her back to India if she did not comply. Fearing repercussions, Shergill fled without any belongings and slept on the streets.

Justice Raper determined that Suri created a deceptive impression that Shergill was employed by the high commission rather than as his personal household staff, constituting a deliberate act requiring specific deterrence.

Shergill was represented by Clayton Utz pro bono partner David Hillard, who emphasized the vulnerability of domestic workers in foreign diplomatic residences in Australia. The penalties imposed by Justice Raper serve as a clear warning to all ambassadors and high commissioners that diplomatic immunity cannot shield them from accountability for exploiting workers.

Suri, who served over 36 years in India's foreign service, retired in 2019 following his tenure as India's ambassador to the United Arab Emirates.

Justice Elizabeth Raper found Suri's actions to be nine violations of the Fair Work Act, labelling the circumstances as "slave-like conditions."

If ordered to pay the penalty within 60 days, Suri faces the maximum penalty under the law. Justice Raper highlighted the severity of Shergill's working conditions, exacerbated by her inability to take leave, and criticized Suri's lack of engagement and remorse throughout the proceedings.

It is worth noting that the Indian Ministry of External Affairs rejected the Australian court's authority, stating that grievances should be addressed solely in India, despite the court ruling that Suri was not entitled to diplomatic immunity in this case.

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